Introduction
"To promote
the Progress of Science and useful Arts, by securing for limited Times to
Authors and Inventors the exclusive Right to their respective Writings and
Discoveries"
U. S. Constitution, Article 1, Section 8
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Faculty members and staff frequently need to make decisions
about the use of copyrighted materials for the classroom, for online education,
and for library copying and reserve of materials. This guide and tutorial
is intended to explain some essential concepts of the U. S. copyright laws
as they impact these decisions. The intention is to be practical,
discussing what materials may be used without infringing a copyright owner's
rights, under what conditions they may be used, and for how long. It also
discusses some of the commonly accepted guidelines that may help inform these
decisions.
Some aspects of copyright law have changed radically in recent
years, with the 1998 adoption of the Digital Millennium Copyright Law, and then
in 2002 with the adoption of the TEACH Act ("Technology, Education and
Copyright Harmonization" Act). This guide makes extensive use
of the excellent resources already in place on the web, and attempts to
summarize them in a useful fashion. They are so many, and so extensive,
that summarization is essential. Important web resources are gathered in
the resources section of the tutorial, and within each sub-section are
prominently displayed, like this:
Web Resources
Print resources have also been used, especially two important books by
Kenneth D. Crews (the title of each below is a link to Amazon), but also journal articles. Where persistent URLs are
available to journal articles, they are given.
Print Resources
| Books: Crews, Kenneth D.
Copyright Essentials for Librarians and Educators, American
Library Association, Chicago and London, 2000.
Crews, Kenneth D.
Copyright, Fair Use, and the Challenge for Universities: Promoting the
Progress of Higher Education, The University of Chicago Press,
Chicago and London, 1993.
Sample Journal Article Link:
Gatlin, Rebecca and Arn, Joseph V. "AACSB Deans' Understanding of
Multimedia Copyright Laws and Guidelines." Journal of Education for
Business Jul/Aug99, Vol. 74 Issue 6, p368. EbscoHost PURL:
http://search.epnet.com/direct.asp?an=2190969&db=afh
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Since this is a tutorial, as well as a guide, various sections
also contain quizzes, which will help the user learn the concepts of each
section and provide interesting feedback. The material is presented in
four modules:
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The first discusses copyright
law in general and the rights of copyright owners; |
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The second discusses exceptions
to those rights, specifically exceptions granted for education and research;
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The third discusses consensus
guidelines and practical rules for using copyrighted materials;
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The fourth explains the basis
for personal security in using copyrighted material based on good faith and
legal precedent. Part four also summarizes the web resources
referenced throughout the tutorial and adds more to an essential list of
links. |
Those reading this material for
Professional Development credit are encouraged to participate in the
accompanying
webboard.
This material is informational and intends to provide general understanding
of copyright laws and guidelines, but is not to be construed as legal advice or
be in any way legally binding.
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